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(영문) 수원지방법원 2020.08.13 2019가단565478
공탁금 출급청구권 확인
Text

The plaintiff's lawsuit against the defendant B, C, E, F, and G shall be dismissed respectively.

The Plaintiff, Defendant H, I, and J, and K Association on October 8, 2018.

Reasons

1. Determination as to the legitimacy of the litigation against Defendant B, C, E, F, and G

A. In a lawsuit for confirmation, the benefit of confirmation is required as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment is rendered is the most effective means to eliminate the Plaintiff’s rights or legal status in danger and danger. Thus, in a lawsuit for confirmation, a person who causes or is likely to cause anxiety and risk in the Plaintiff’s rights or legal status has the eligibility as the Defendant.

(See Supreme Court Decision 2006Da68650, 68667 Decided February 9, 2007). B.

In relation to the deposit of KRW 103,219,178 deposited by the K Association with the Plaintiff and the Defendants B, C, E, F, and G on August 11, 2018, the Plaintiff sought confirmation of the right to claim payment of deposit against the said Defendants.

According to the evidence No. 6-1 and No. 2, the Plaintiff’s withdrawal of KRW 66,576,370 on May 16, 2020, and Defendant B’s withdrawal of KRW 36,642,80 on the deposit money with the consent of the said Defendants.

Therefore, the plaintiff's lawsuit against the defendant B, C, E, F, and G is illegal because there is no apprehension or risk as to the present rights or legal relations between the plaintiff and the above defendants, and thus there is no benefit of confirmation.

2. Determination as to the claim against Defendant H, I, and J

A. 1) The K Association concluded a mutual aid agreement between the broker L with the broker L for a mutual aid agreement between May 30, 2015 and May 29, 2016, with respect to the damage incurred as a result of L’s brokerage during the said mutual aid period, and on October 8, 2018, the K Association deposited KRW 117,917,807 with the Plaintiff and the Defendant H, I, and J in Suwon District Court amounting to KRW 10491 for the year 2018 (hereinafter “instant deposit”).

(ii) 2.

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